1. The Police
CHC 3MR
Lesson 49

2. The Police Learning Goal:
Analyze the procedures that police must follow.
Review
Note and discussion
Hold Your Fire (Video)

3. Review What is intent? Compare actus reus and mens rea.
What is criminal negligence?
What does it mean to decriminalize something?
What is motive?

4. The Police (Chapter 5)
After arrest, the suspect is known as ‘the accused’
Either ‘caught in the act’ or evidence is gathered
Police must respect legal rights (ss 7-14 of the Charter)
‘security of the person’ is key

5. Limits on Police Behaviour
Search warrant must be obtained properly
Must apply to a judge or justice of the peace (jp) and show ‘reasonable and probable grounds’ that there is evidence of a crime
Officers must show objectivity
Clear connection between search and a criminal offence

6. Reasonable: sensible and logical
Probable: not random or based on a hunch
If evidence obtained improperly the judge can declare it inadmissable

7. Arrest
Can’t simply arrest a suspect
3 options

8. 1) Appearance Notice
For summary conviction and lesser indictable offences
Includes the offence and time and place of the required court appearance
As long as accused is not a threat to others or a flight risk
Officer then swears an ‘information’ before a judge or jp that the offence occurred

9. 2) Arresting the Suspect
For more serious indictable offences
Taken into custody
No warrant required if crime has just been committed or is about to be committed
A caution is read to the accused (not quite the same as Miranda warning of US)

10. Steps in a Lawful Arrest (text page 147)
Notice on arrest: “I am Police Constable...”
Advising the accused of the offence charged with: “I am arresting you, __________, for _____”
Caution 1: Right to Counsel
Caution 2: right to remain silent
Physically touching the accused to signify custody

11. If arrest is resisted, police have authority to use ‘as much force as necessary’ to prevent an escape
Trial judge determines this
Security of the person v as much force as necessary

12. Serious or deadly force can be used if:
The suspect’s behaviour might cause harm or death to others
The suspect flees
There are no alternative means to prevent escape

13. 3) Warrant for Arrest Go before a judge or jp to receive a summons
Delivered by sheriff or deputy
If police can show the judge that the accused will not appear voluntarily, an arrest warrant is issued
Summons and warrant only issued with proper evidence

14. Citizen’s Arrest If a regular citizen witnesses a criminal act
Must be reasonable
No excessive force
Must say that he/she is making an arrest
Can be sued if it is unreasonable
S. 494 of the Criminal Code

15. Task:
1. Page 149
Read R v Asant-Mensah and answer the question at the end”
“Do you think regular citizens should be allowed to make an arrest? Explain”
2. Read pages Answer Review questions on page 154.